Resolución de la Corte Interamericana de Derechos Humanos del 20-04-2010

• Date: 20 April 2010
• Court: Inter-American Court of Human Rights
• Respondent State: Surinam
• Procedure Type: Supervisión Cumplimiento Sentencia
• Case Type: Supervisión de cumplimiento

Order of the PRESIDENT OF THE

Inter-American C. of Human Rights

of APRIL 20, 2010

C. of the S.P. v. Suriname

Monitoring Compliance with Judgment

Having seen:

1. The Judgment on preliminary objections, merits, reparations, and costs delivered by the Inter-American C. of Human Rights (hereinafter “the Inter-American C.,” “the C.,” or “the Tribunal”) on November 28, 2007, in which it

DECLARE[D],

Unanimously, that:

1. [t]he S. violated, to the detriment of the members of the S. people, the right to property, as recognized in Article 21 of the American Convention on Human Rights, in relation to the obligations to respect, ensure, and to give domestic legal effect to said right, in accordance with Articles 1(1) and 2 thereof, in the terms of the paragraphs 78 to 158 of th[e] [J]udgment

2. [t]he S. violated, to the detriment of the members of the S. people, the right to juridical personality established in Article 3 of the American Convention on Human Rights, in relation to the right to property recognized in Article 21 of such instrument and the right to judicial protection under Article 25 thereof, as well as in connection to the obligations to respect, ensure, and to give domestic legal effect to those rights, in accordance with Articles 1(1) and 2 thereof, in the terms of paragraphs 159 to 175 of th[e] [J]udgment

3. [t]he S. violated, to the detriment of the members of the S. people, the right to judicial protection, as recognized in Article 25 of the American Convention on Human Rights, in conjunction with the obligations to respect and guarantee the rights established under Articles 21 and 1(1) thereof, in the terms of paragraphs 176 to 185 of th[e] [J]udgment.

AND DECIDE[D],

Unanimously, that:

[…]

5. [t]he S. shall delimit, demarcate, and grant collective title over the territory of the members of the S. people, in accordance with their customary laws, and through previous, effective[,] and fully informed consultations with the S. people, without prejudice to other tribal and indigenous communities. Until said delimitation, demarcation, and titling of the S. territory has been carried out, Suriname must abstain from acts which might lead […] agents of the S. […] or third parties acting with its acquiescence or its toleranc[e] to affect the existence, value, use[,] or enjoyment of the territory to which the members of the S. people are entitled, unless the S. obtains the free, informed[,] and prior consent of the S. people. With regar[d] to the concessions already granted within traditional S. territory, the S. must review the[m] in light of the […] Judgment and the C.’s jurisprudence, in order to evaluate whether a modification of the rights of the concessionaires is necessary in order to preserve the survival of the S. people, in the terms of paragraphs 101, 115, 129-137, 143, 147, 155, 157, 158, and 194(a) of th[e] Judgment[;]

6. [t]he S. shall grant the members of the S. people legal recognition of the collective juridical capacity, pertaining to the community to which they belong, with the purpose of ensuring the full exercise and enjoyment of their right to communal property, as well as collective access to justice, in accordance with their communal system, customary laws, and traditions, in the terms of paragraphs 174 and 194(b) of th[e] Judgment[;]

7. [t]he S. shall remove or amend the legal provisions that impede protection of the right to property of the members of the S. people and adopt, in its domestic legislation, and through prior, effective and fully informed consultations with the S. people, legislative, administrative, and other measures as may be required to recognize, protect, guarantee[,] and give legal effect to the right of the members of the S. people to hold collective title of the territory they have traditionally used and occupied, which includes the lands and natural resources necessary for their social, cultural[,] and economic survival, as well as manage, distribute, and effectively control [that] territory, in accordance with their customary laws and traditional collective land tenure system, and without prejudice to other tribal and indigenous communities, in the terms of paragraphs 97-116 and 194(c) of th[e] Judgment[;]

8. [t]he S. shall adopt legislative, administrative[,] and other measures necessary to recognize and ensure the right of the S. people to be effectively consulted, in accordance with their traditions and customs, or when necessary, the right to give or withhold their free, informed and prior consen[t] with regar[d] to development or investment projects that may affect their territory, and to reasonably share [in] the benefits of [those] projects […], should the[y] be ultimately carried out. The S. people must be consulted during the process established to comply with this form of reparation, in the terms of paragraphs 129-140, 143, 155, 158, and 194(d) of th[e] Judgment[;]

9. [t]he S. shall ensure that environmental and social impact assessments are conducted by independent and technically competent entitie[s] prior to awarding a concession for any development or investment project within traditional S. territory, and implement adequate safeguards and mechanisms in order to minimize the damaging effects such projects may have upon the social, economic[,] and cultural survival of the S. people, in the terms of paragraphs 129, 133, 143, 146, 148, 155, 158, and 194(e) of th[e] Judgment[;]

10. [t]he S. shall adopt legislative, administrative and other measures necessary to provide the members of the S. people with adequate and effective recourses against acts that violate their right to the use and enjoyment of property in accordance with their communal property system, in the terms of paragraphs 177-185 and 194(f) of th[e] Judgment[;]

11. [t]he S. shall translate into D. and publish Chapter VII of the […] Judgment, without the corresponding footnotes, as well as operative paragraphs one through fifteen, in the S.’s Official Gazette and in another national daily newspaper, in the terms of paragraphs 196(a) and 197 of th[e] Judgment[;]

12. [t]he S. shall finance two radio broadcasts, in the S. language, of the content of paragraphs 2, 4, 5, 17, 77, 80-86, 88, 90, 91, 115, 116, 121, 122, 127-129, 146, 150, 154, 156, 172, and 178 of the […] Judgment, without the corresponding footnotes, as well as Operative Paragraphs 1 through 15 [t]hereof, in a radio station accessible to the S. people, in the terms of paragraphs 196(b) and 197 of th[e] Judgment[;]

13. [t]he S. shall allocate the amounts set in [the] Judgment as compensation for material and non-material damages in a community development fund created and established for the benefit of the members of the S. people in their traditional territory, in the terms of paragraphs 199, 201, 202, 208, and 210-212 thereof[; and]

14. [t]he S. shall reimburse […] costs and expenses, in the terms of paragraphs 206, 207, and 209-211 of th[e] Judgment.

2. The judgment on interpretation of the S. Judgment delivered by the C. on August 12, 2008, in which it:

DECIDE[D],

Unanimously,

1. [t]o declare admissible the S.’s request for interpretation of the Judgment on preliminary objections, merits, reparations, and costs issued on November 28, 2007 in the C. of the S.P., pursuant to paragraph 10 of th[e] Judgment.

2. To determine the scope of the content of Operative Paragraphs 5 through 9 of the Judgment on preliminary objections, merits, reparations, and costs issued on November 28, 200 in the C. of the S.P., pursuant to chapters IV, V, VI, and VII of th[e] Judgment.

[…]

3. The report submitted on August 6, 2009, whereby the S. informed the C. on its compliance with the Judgment, and the communication of November 17, 2009, whereby the S. submitted “three (3) additional documents [relating] to [its] [f]irst [periodic] [r]eport.”

4. The communication submitted on September 12, 2009, whereby the representatives presented their observations to the S.’s report with corresponding annexes (supra Having Seen 3).

5. The communication submitted on December 3, 2009, whereby the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) presented its observations to the S.’s report (supra Having Seen 3).

Considering:

1. The monitoring of compliance with its decisions is a power inherent to the judicial functions of the C..

2. Suriname became a S.P. to the American Convention on Human Rights (hereinafter “the Convention”) and...